KONERU VIJAYKUMAR Vs. VADLAMUDI RAMA DEVI

JUDGEMENT

(1.) This is a defendant's second appeal.

(2.) The respondent as the plaintiff laid the suit in O.S.No. 1030 of 2007 on the file of the Court of the learned Principal Senior Civil Judge, Vijayawada for recovery of Rs.4,23,000.00 with costs and future interest, on the foot of a promissory note.

(3.) The case of the respondent is that the appellant borrowed Rs.1,50,000.00 in cash from her on 13/1/2000 for his business purpose agreeing to repay the same with interest at 24% p.a. and executed the suit promissory note on the same day. Further case of the respondent is that, on 10/1/2003 and on 5/1/2006 the appellant paid Rs.1,000.00 each in cash to her and endorsed on the obverse of the suit promissory note and thereafter, when the appellant failed to repay the amount due in spite of repeated demands, she was constrained to cause a legal notice to him dtd. 29/8/2007 to which the appellant got issued a reply dtd. 8/9/2007 with false allegations. In those circumstances, the respondent claimed that she had instituted the suit against him for recovery of the amount.